10004-CONTRACT.PDF

SERIAL 10004-S LEASE FINANCING
DATE OF LAST REVISION: August 19, 2015 CONTRACT END DATE: May 31, 2020
CONTRACT PERIOD THROUGH MAY 31, 2044 2020
TO: All Depai tments
FROM: Department of Materials Management
SUBJECT: Contract for LEASE FINANCING
Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to
Maricopa County activities as awarded by Maricopa County on April 14, 2010 (Elf. 06/01/10)
All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the
vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts.
The contract period is indicated above.
Wes Baysinger, Chief Procurement Officer
Materials Management
BW/at
Attach
Copy to: Materials Management
Shelby Scharbach, Finance
(Please remove Serial 00024-SC from your contract notebooks)

SERIAL 10004-S LEASE FINANCING
DATE OF LAST REVISION: August 19, 2015 CONTRACT END DATE: May 31, 2020
CONTRACT PERIOD THROUGH MAY 31, 2044 2020
TO: All Departments
FROM: Department of Materials Management
SUBJECT: Contract for LEASE FINANCING
Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to
Maricopa County activities as awarded by Maricopa County on April 14, 2010 (Eff. 06/01/10)
All purchases-of products and/or services listed on the attached pages of this letter are to be obtained from the
vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts.
The contract period is indicated above.
Wes Baysinger, Chief Procurement Officer
Materials Management
BW/at
Attach
Copy to: Materials Management
Shelby Scharbach, Finance
(Please remove Serial 00024-SC from your contract notebooks)

SERIAL 10004-S
INVITATION FOR BID FOR: LEASE FINANCING
1.0 INTENT:
The intent of this BID is to select qualified firms to provide lease-financing, leases to the county for various
equipment needs over the term of the contract. This contract will be a multiple award. Equipment needs
for leasing will be quoted to all awarded BIDDERS and the requirement well be awarded to the contractor
with the lowest payment and total cost quoted. MARICOPA COUNTY RESERVES THE RIGHT TO
ADD SUPPLIERS TO THIS CONTRACT OVER ITS TERM AS REQUIRED TO ENSURE
ADEQUATE COMPETITION.
2.0 SCOPE OF SERVICES:
2.1 BIDDERS must accept the attached lease document as written (EXHIBIT 2). Exceptions to this
document SHALL result in a BID being rejected as non-responsive. Bidder must affirm their
willingness to accept the document as written, by signing the agreement page (attachment B) and
checking on attachment A that they accept the lease as written.
2.2 BIDDERS shall be in the business of providing leasing as a direct provider. Brokers will not be
considered for award. BIDDERS must provide upon request audited Financial Statements. Lessee
will not authorize any assignment for a period of 60 days after the LEASE is signed and approved.
2.3 BIDDERS shall be evaluated as called for in the evaluation criteria.
2.4 BIDDER'S response must show the qualifications of the firm to provide this service.
2.5 BIDDERS must show that they have experience meeting the leasing needs of governmental
entities.
2.6 BIDDERS should include in their response an overview of other ancillary services that they can
provide in addition to the leasing business.
2.7 INDIVIDUAL LEASE AGREEMENTS WILL BE AWARDED TO THE CONTRACTOR
THAT QUOTES THE LOWEST TOTAL OVERALL COST TO MARICOPA COUNTY AT
THE TIME OF THE LEASE NEED. THIS WILL ACCOMPLISHED THROUGH THE USE OF
A QUOTATION THAT WILL BE ISSUED TO ALL AWARDED BIDDERS.
2.8 BIDDERS shall list any equipment categories that the lessor would not be willing to provide
leasing services for.
2.9 BIDDERS must have been in the direct leasing business for a minimum of 3 years.
2.10 The BID reflects the County's requirements, selection method, and contract terms, but the LEASE
DOCUMENT is a stand-alone contract.
2.11 MARICOPA COUNTY RESERVES THE RIGHT TO DIRECTLY LEASE EQUIPMENT
FROM THE EQUIPMENT SUPPLIER OR SUPPLIERS SUBSIDIARY WITHOUT
REGARD TO THIS RFP.
2.12 MARICOPA COUNTY RESERVES THE RIGHT TO CATEGORICALLY REJECT ANY BID
IN WHICH FINANCING IS TO INVOLVE AN OFFERING INCLUDING WITHOUT
LIMITATION THE ISSUANCE OF CERTIFICATES OF PARTICIPATION. NO PUBLIC
OFFERING OR CERTIFICATES OF PARTICIPATION (OF ANY KIND) MAY BE ISSUED
RELATING TO THE LEASE WITHOUT EXPRESS WRITTEN CONSENT OF MARICOPA
COUNTY.

SERIAL 10004-S
2.13 Required Submittals:
2.13.1 Attachment A, completely filled out and all questions answered
2.13.2 Signed Agreement Page, Attachment B.
2.13.3 References Attachment C.
2.13.1 Attachment D, completely filled out
2.13.5 An overview of all services firm is qualified to perform.
2.13.6 A list of equipment you are not willing to finance.
2.13.7 A statement of qualifications to show that the firm is qualified to perform this
service.
2.14 USAGE REPORT:
The Contractor shall furnish the County a quarterly usage report delineating the acquisition
activity governed by the Contract. The format of the report shall be approved by the County and
shall disclose the quantity and dollar value of each contract item by individual unit.
3.0 CONTRACTUAL TERMS & CONDITIONS:
3.1 CONTRACT TERM:
This Invitation for Bid is for awarding a firm, fixed price purchasing contract to cover a FIVE (5)
year term.
3.2 OPTION TO RENEW:
The County may, at their option and with the approval of the Contractor, renew the term of this
Contract up to a maximum of FIVE (5) additional years, (or at the County's sole discretion,
extend the contract on a month to month basis for a maximum of six (6) months after expiration).
The Contractor shall be notified in writing by the Materials Management Department of the
County's intention to renew the contract term at least thirty (30) calendar days prior to the
expiration of the original contract term.
3.3 INDEMNIFICATION:
3.3.1 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless County, its agents, representatives, officers, directors, officials, and employees
from and against all claims, damages, losses and expenses, including, but not limited to,
attorney fees, court costs, expert witness fees, and the cost of appellate proceedings,
relating to, arising out of, or alleged to have resulted from the negligent acts, errors,
omissions, mistakes or malfeasance relating to the performance of this Contract.
Contractor's duty to defend, indemnify and hold harmless County, its agents,
representatives, officers, directors, officials, and employees shall arise in connection with
any claim, damage, loss or expense that is caused by any negligent acts, errors, omissions
or mistakes in the perforniance of this Contract by the Contractor, as well as any person
or entity for whose acts, errors, omissions, mistakes or malfeasance Contractor may be
legally liable.
3.3.2 The amount and type of insurance coverage requirements set forth herein will in no way
be construed as limiting the scope of the indemnity in this paragraph.
3.3.3 The scope of this indemnification does not extend to the sole negligence of County.
3.4 INSURANCE:
3.4.1 Contractor, at Contractor's own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the State
of Arizona and possessing a current A.M. Best, Inc. rating of B++6. In lieu of State of
Arizona licensing, the stipulated insurance may be purchased from a company or

SERIAL 10004-S
companies, which are authorized to do business in the State of Arizona, provided that
said insurance companies meet the approval of County. The form of any insurance
policies and forms must be acceptable to County.
3.4.2 All insurance required herein shall be maintained in full force and effect until all work or
service required to be perfolined under the terms of the Contract is satisfactorily
completed and formally accepted. Failure to do so may, at the sole discretion of County,
constitute a material breach of this Contract.
3.4.3 Contractor's insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
3.4.4 Any failure to comply with the claim reporting provisions of the insurance policies or any
breach of an insurance policy warranty shall not affect the County's right to coverage
afforded under the insurance policies.
3.4.5 The insurance policies may provide coverage that contains deductibles or self-insured
retentions. Such deductible and/or self-insured retentions shall not be applicable with
respect to the coverage provided to County under such policies. Contractor shall be
solely responsible for the deductible and/or self-insured retention and County, at its
option, may require Contractor to secure payment of such deductibles or self-insured
retentions by a surety bond or an irrevocable and unconditional letter of credit.
3.4.6 County reserves the right to request and to receive, within 10 working days, certified
copies of any or all of the herein required insurance certificates. County shall not be
obligated to review policies and/or endorsements or to advise Contractor of any
deficiencies in such policies and endorsements, and such receipt shall not relieve
Contractor from, or be deemed a waiver of County's right to insist on strict fulfillment of
Contractor's obligations under this Contract.
3.4.7 The insurance policies required by this Contract, except Workers' Compensation, and
Errors and Omissions, shall name County, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
3.4.8 The policies required hereunder, except Workers' Compensation, and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against
County, its agents, representatives, officers, directors, officials and employees for any
claims arising out of Contractor's work or service.
3.4.9 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit.
The policy shall include coverage for bodily injury, broad form property damage,
personal injury, products and completed operations and blanket contractual coverage, and
shall not contain any provision which would serve to limit third party action over claims.
There shall be no endorsement or modification of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property damage.
3.4.10 Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $1,000,000 each occurrence with respect to any of the Contractor's
owned, hired, and non-owned vehicles assigned to or used in performance of the
Contractor's work or services under this Contract.

SERIAL 10004-S
3.4.11 Workers' Compensation:
3.4.11.1 Workers' Compensation insurance to cover obligations imposed by federal
and state statutes having jurisdiction of Contractor's employees engaged in the
performance of the work or services under this Contract; and Employer's
Liability insurance of not less than $100,000 for each accident, $100,000
disease for each employee, and $500,000 disease policy limit.
3.4.11.2 Contractor waives all rights against County and its agents, officers, directors
and employees for recovery of damages to the extent these damages are
covered by the Workers' Compensation and Employer's Liability or
commercial umbrella liability insurance obtained by Contractor pursuant to
this Contract.
3.4.11.3 Prior to commencing work or services under this Contract, Contractor shall
have insurance in effect as required by the Contract in the form provided by
the County, issued by Contractor's insurer(s), as evidence that policies
providing the required coverage, conditions and limits required by this
Contract are in full force and effect. Such certificates shall be made available
to the County upon 48 hours notice. BY SIGNING THE AGREEMENT
PAGE THE CONTRACTOR AGREES TO THIS REQUIREMENT
AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN
CANCELLATION OF CONTRACT.
3.4.11.3.1 In the event any insurance policy (ies) required by this contract is
(are) written on a "claims made" basis, coverage shall extend for
two years past completion and acceptance of Contractor's work or
services and as evidenced by annual Certificates of Insurance.
3.4.11.3.2 If a policy does expire during the life of the Contract, a renewal
certificate must be sent to County fifteen (15) days prior to the
expiration date.
3.4.12 Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially
changed without thirty (30) days prior written notice to the County.
3.5 REQUIREMENTS CONTRACT:
3.5.1 Contractors signify their understanding and agreement by signing a bid submittal, that the
Contract resulting from the bid will be a requirements contract. However, the Contract
does not guarantee any minimum or maximum number of purchases will be made. It
only indicates that if purchases are made for the materials contained in the Contract, they
will be purchased from the Contractors awarded that item. Orders will only be placed
when the County identifies a need and proper authorization and documentation have been
approved.
3.6 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
3.7 TERMINATION FOR DEFAULT:
If the Contractor fails to meet deadlines, or fails to provide the agreed upon service/material
altogether, a termination for default will be issued. The termination for default will be issued only

SERIAL 10004-S
after the County deems that the Contractor has failed to remedy the problem after being
forewarned.
3.8 TERMINATION BY THE COUNTY:
If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit
of its creditors, or if a receiver should be appointed on account of its insolvency, the County may
tei inmate the Contract. If the Contractor should persistently or repeatedly refuse or should fail,
except in cases for which extension of time is provided, to provide enough properly skilled
workers or proper materials, or persistently disregard laws and ordinances, or not proceed with
work or otherwise be guilty of a substantial violation of any provision of this Contract, then the
County may teiminate the Contract. Prior to termination of the Contract, the County shall give the
Contractor fifteen- (15) calendar day's written notice. Upon receipt of such termination notice, the
Contractor shall be allowed fifteen (15) calendar days to cure such deficiencies.
3.9 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without
penalty or further obligation within three years after execution of the contract, if any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County is at any time while the Contract or any extension of the Contract is in effect,
an employee or agent of any other party to the Contract in any capacity or consultant to any other
party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to
A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person
significantly involved in initiating, negotiating, securing, drafting or creating the contract on
behalf of the County from any other party to the contract arising as the result of the Contract.
3.10 SUBCONTRACTING:
3.10.1 The Contractor may not assign a Contract or Subcontract to another party for
performance of the terms and conditions hereof without the written consent of the
County. All correspondence authorizing subcontracting must reference the Bid Serial
Number and identify the job project.
3.11 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa
County Materials Management shall be responsible for approving all amendments for Maricopa
County.
3.12 RETENTION OF RECORDS:
The Contractor agrees to retain all financial books, records, and other documents relevant to a
Contract for five (5) years after final payment or until after the resolution of any audit questions
which could be more than five (5) years, whichever is longer. The County, Federal or State
auditors and any other persons duly authorized by the County shall have full access to, and the
right to examine, copy and make use of, any and all said materials.
3.13 ADEQUACY OF RECORDS:
If the Contractor's books, records and other documents relevant to a Contract are not sufficient to
support and document that allowable materials were provided, the Contractor shall reimburse
Maricopa County for the materials not so adequately supported and documented.
3.14 AUDIT DISALLOWANCES:
If at any time it is determined by the County that a cost for which payment has been made is a
disallowed cost, the County shall notify the Contractor in writing of the disallowance and the
required course of action, which shall be at the option of the County either to adjust any future

SERIAL 10004-S
claim submitted by the Contractor by the amount of the disallowance or to require repayment of
the disallowed amount by the Contractor forthwith issuing a check payable to Maricopa County.
3.15 VALIDITY:
The invalidity, in whole or in part, of any provision of the Contract shall not void or affect the
validity of any other provision of the Contract.
3.16 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost
or other restriction except as may be established by law or applicable regulation. Each party shall
supply to the other party, upon request, any available information that is relevant to a Contract and
to the perfoi mance thereunder.
3.17 RELATIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an
independent contractor, and nothing herein or implied herein shall at any time be construed as to
create the relationship of employer and employee, partnership, principal and agent, or joint venture
between the County and the Contractor.
3.18 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
3.18.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his
or her knowledge and belief, that the Contractor, defined as the primary participant in
accordance with 45 CFR Part 76, and its principals:
3.18.1.1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or agency;
3.18.1.2 have not within 3-year period preceding this Contract been convicted of or
had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statues or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3.18.1.3 are not presently indicted or otherwise criminally or civilly charged by a
government entity (Federal, State or local) with commission of any of the
offenses enumerated in paragraph (2) of this certification; and
3.18.1.4 have not within a 3-year period preceding this Contract had one or more
public transaction (Federal, State or local) terminated for cause of default.
3.18.2 Should the Contractor not be able to provide this certification, an explanation as to why
should be attached to the Contact.
3.18.3 The Contractor agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations for
lower tier covered transactions related to this Contract.
3.19 ALTERNATIVE DISPUTE RESOLUTION:
3.19.1 After the exhaustion of the administrative remedies provided in the Maricopa County
Procurement Code, any contract dispute in this matter is subject to compulsory
arbitration. Provided the parties participate in the arbitration in good faith, such
arbitration is not binding and the parties are entitled to pursue the matter in state or

SERIAL 10004-S
federal court sitting in Maricopa County for a de novo determination on the law and facts.
If the parties cannot agree on an arbitrator, each party will designate an arbitrator and
those two arbitrators will agree on a third arbitrator. The three arbitrators will then serve
as a panel to consider the arbitration. The parties will be equally responsible for the
compensation for the arbitrator(s). The hearing, evidence, and procedure will be in
accordance with Rule 74 of the Arizona Rules of Civil Procedure. Within ten (10) days
of the completion of the hearing the arbitrator(s) shall:
3.19.1.1 Render a decision;
3.19.1.2 Notify the parties that the exhibits are available for retrieval; and
3.19.1.3 Notify the parties of the decision in writing (a letter to the parties or their
counsel shall suffice).
3.19.2 Within ten (10) days of the notice of decision, either party may submit to the arbitrator(s)
a proposed form of award or other final disposition, including any form of award for
attorneys' fees and costs. Within five (5) days of receipt of the foregoing, the opposing
party may file objections. Within ten (10) days of receipt of any objections, the
arbitrator(s) shall pass upon the objections and prepare a signed award or other final
disposition and mail copies to all parties or their counsel.
3.19.3 Any party which has appeared and participated in good faith in the arbitration
proceedings may appeal from the award or other final disposition by filing an action in
the state or federal court sitting in Maricopa County within twenty (20) days after date of
the award or other fmal disposition. Unless such action is dismissed for failure to
prosecute, such action will make the award or other final disposition of the arbitrator(s) a
nullity.
3.20 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
3.20.1 By entering into the Contract, the Contractor warrants compliance with the Immigration
and Nationality Act (1NA using e-verify) and all other federal immigration laws and
regulations related to the immigration status of its employees. The contractor shall obtain
statements from its subcontractors certifying compliance and shall furnish the statements to
the Procurement Officer upon request. These warranties shall remain in effect through the
term of the Contract. The Contractor and its subcontractors shall also maintain
Employment Eligibility Verification forms (I-9) as required by the Immigration Refoim and
Control Act of 1986, as amended from time to time, for all employees performing work
under the Contract and verify employee compliance using the E-verify system. 1-9 folms
are available for download at USCIS.GOV .
3.20.2 The County may request verification of compliance for any contractor or subcontractor
perfoiming work under the Contract. Should the County suspect or fmd that the Contractor
or any of its subcontractors are not in compliance, the County may pursue any and all
remedies allowed by law, including, but not limited to: suspension of work, termination of
the Contract for default, and suspension and/or department of the Contractor. All costs
necessary to verify compliance are the responsibility of the Contractor.
3.21 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §35-
391.06 AND 35-393.06 BUSINESS RELATIONS WITH SUDAN AND IRAN:
3.21.1 By entering into the Contract, the Contractor certifies it does not have scrutinized business
operations in Sudan or Iran. The contractor shall obtain statements from its subcontractors
certifying compliance and shall furnish the statements to the Procurement Officer upon
request. These warranties shall remain in effect through the term of the Contract.
3.21.2 The County may request verification of compliance for any contractor or subcontractor
performing work under the Contract. Should the County suspect or find that the Contractor

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or any of its subcontractors are not in compliance, the County may pursue any and all
remedies allowed by law, including, but not limited to: suspension of work, termination of
the Contract for default, and suspension and/or depaament of the Contractor. All costs
necessary to verify compliance are the responsibility of the Contractor.
3.22 CONTRACTOR LICENSE REQUIREMENT:
3.22.1 The Respondent shall procure all permits, licenses and pay the charges and fees necessary
and incidental to the lawful conduct of his business. The Respondent shall keep fully
informed of existing and future Federal, State and Local laws, ordinances, and regulations
which in any manner affect the fulfillment of a Contract and shall comply with the same.
4.0 POST AWARD MEETING:
The Contractor may/ be required to attend a post-award meeting with the Using Agency to discuss the
temts and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of the
Contract.

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BANC OF AMERICA PUBLIC CAPITAL, 14648 N. SCOTTSDALE RD., SCOTTSDALE, AZ 85254
PRICING SHEET: NIGP CODE 9465401, 94654
1.0 VENDOR REESPONSES
WILLING TO ACCEPT LEASE DOCUMENT AS WRITTEN (EXHIBIT 2) YES X NO
ARE YOU WILLING TO FINANCE THE FOLLOWING EQUIPMENT
COMPUTER EQUIPMENT YES _X NO
AUTOMOBILES YES _X NO
MEDICAL EQUIPMENT YES X NO
HEAVY EQUIPMENT YES X NO
BUSINESS EQUIPMENT YES X NO
BUILDING IMPROVEMENTS YES X NO
Terms: NET 30
Vendor Number: W000016842 X
Telephone Number: 480-624-0369
Fax Number: 415-796-1301
Contact Person: Jill Forsyth
E-mail Address: jill.m.forsyth@bamIcom
Certificates of Insurance Required
Contract Period: To cover the period ending May 31, 2015 2020.

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WELLS FARGO BANK, N.A., 100 WEST WASHINGTON ST., PHOENIX, AZ 85003
PRICING SHEET: NIGP CODE 9465401, 94654
1.0 VENDOR REESPONSES
WILLING TO ACCEPT LEASE DOCUMENT AS WRITTEN (EXHIBIT 2) YES X NO
ARE YOU WILLING TO FINANCE THE FOLLOWING EQUIPMENT
COMPUTER EQUIPMENT YES X NO
AUTOMOBILES YES X NO
MEDICAL EQUIPMENT YES _X NO
HEAVY EQUIPMENT YES X NO
BUSINESS EQUIPMENT YES X NO
BUILDING IMPROVEMENTS YES X NO
Terms: NET 30
Vendor Number: W000005954 X
Telephone Number: 602-378-6865
Fax Number: 602-378-2350
Contact Person: Mark Jensen
E-mail Address: mark.a.jensen@wellsfargo.com
Certificates of Insurance Required
Contract Period: To cover the period ending May 31, 2015 2020.